This Chapter's standards have been developed in recognition of the City's policies related to historic preservation, adaptive reuse, and sustainability and provide for the continuation of uses, continued occupancy and maintenance of structures, and development of parcels that were lawfully established but do not now comply with all of the standards and requirements of this Ordinance so long as the uses, continued occupancy, and maintenance meet the provisions of this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Any lawfully established use or structure that is in existence on the effective date of this Ordinance but does not comply with all of the standards and requirements of this Ordinance or subsequent amendment including, but not limited to, the lack of an approved permit or other required authorization shall be considered nonconforming. Unless otherwise specified, the term "nonconforming" as used in this Ordinance shall mean "lawful nonconforming" as defined herein.
Lawful nonconforming use.
An occupancy or activity that was established in compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Ordinance including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards or hours of operation.
Lawful nonconforming structure.
A building or structure that was erected in compliance with the standards and requirements in effect when it was constructed but does not comply with all of the applicable provisions of this Ordinance including, but not limited to, density, floor area, height, setback, usable open space, and other development standards.
Nonconforming parking or loading.
An existing use of land or structure shall not be determined to be nonconforming solely because of a lack of on-site parking and/or loading facilities required by this Chapter, provided that facilities used for on-site parking and/or loading as of the date of adoption of this Ordinance are not reduced in number to less than what this Ordinance requires. The parking provided by City-Designated Historic Resources shall be considered conforming if it is the amount of parking provided as of July 6, 2010. See also Section 9.28.180(B).
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A nonconforming structure may be maintained as follows:
A. 
Repairs, Alterations, and Improvements. Subject to Chapter 9.25 and subsection B of this Section, repairs, alterations, or improvements may be made to nonconforming buildings.
B. 
Additions and Enlargements. An addition to or enlargement of a nonconforming building shall be permitted if the addition or enlargement is made to conform to all the development standards and use regulations of the District in which it is located.
C. 
Replacing Nonconforming Features or Portions of Buildings. Nonconforming features or portions of buildings that are removed shall not be replaced unless they conform to the provisions of this Chapter, with the exception of the following:
1. 
Notwithstanding this requirement, nonconforming architectural features which have been removed from any existing building which is designated as a Historic Resource or listed on the Historic Resources Inventory may be replaced if the Landmarks Commission determines that such feature contributes to the building's historic architectural integrity and that the reconstruction conforms to the Secretary of Interior's Standards for the Treatment of Historic Properties. Landmarks Commission review of such reconstruction shall be processed generally in accordance with the procedures for processing applications for Certificates of Appropriateness contained in Chapter 9.56. Any project subject to Landmarks Commission review under this Section shall not require additional review by the Architectural Review Board. The determination of the Landmarks Commission under this Section shall be appealable to the City Council.
2. 
Properties directly facing the Third Street Promenade within the BC (Third Street Promenade Area) District developed pursuant to an approved Development Review Permit (DRP) shall be permitted to remove and replace any nonconforming floor area at any given time and thereby retain the floor area and floor area ratio development rights granted by the DRP and/or original building permit, subject to the following:
a. 
Floor area may be rebuilt in the same location or relocated within the existing building envelope of the approved DRP;
b. 
Floor area may be rebuilt as a building addition in conformance with all other applicable district development standards in effect at the time of proposed addition, in a manner that does not expand any other existing nonconforming building features, including, but not limited to, maximum building height. The rebuilt floor area shall not be subject to development fees pursuant to Article 9 Planning and Zoning.
D. 
Moving. No nonconforming building shall be moved in whole or in part to any other location on the parcel unless every portion of the building is made to conform to all of the regulations of the District in which it is located. A relocated building shall be considered a new structure. However, if the building is a City-Designated Historic Resource, the Landmarks Commission may approve nonconforming setbacks through the issuance of a Certificate of Appropriateness.
E. 
Damaged or Destroyed. A nonconforming building which is damaged or destroyed may be restored or replaced in accordance with Section 9.27.040.
F. 
Demolition. An existing nonconforming building that is demolished shall lose any legal nonconforming status and may only be replaced or rebuilt if the entire structure is made to comply with all currently applicable zoning ordinance requirements unless:
1. 
The existing building is a Historic Resource or is listed on the City's Historic Resources Inventory, provided the alteration or addition conforms with the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings.
2. 
The existing building is commercial or industrial and is altered in accordance with all of the following criteria:
a. 
The alterations only involve the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal Code;
b. 
The alterations are only undertaken to the minimum extent necessary to maintain a safe structure;
c. 
The existing exterior wall elements or principal support structure remain in place at all times and provide necessary structural support to the building upon completion of the alterations; and
d. 
No new floor area is added.
3. 
The existing building is residential and is altered or added to in accordance with all of the following criteria:
a. 
The alterations or additions to the existing residential building include the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal Code; and
b. 
The existing first story exterior wall elements remain in place at all times and provide necessary structural support to the building upon completion of the alteration or addition.
4. 
The building was demolished as a result of a nonvoluntary fire or explosion, earthquake, or other natural disaster and it is restored or replaced in accordance with Section 9.27.040.
G. 
Termination. A nonconforming building need not be discontinued and removed or altered so long as the nonconforming building is maintained in accordance with this Section.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2850CCS, March 10, 2026)
An existing nonconforming structure that is damaged or destroyed by a nonvoluntary fire or explosion, earthquake, or other natural disaster may be restored or replaced to its density (including square footage and number of rooms or dwelling units, as applicable), parking, building footprint and envelope, and height that existed prior to the destruction subject to the following:
A. 
Damaged Structure Restoration Application.
1. 
Application. To request a permit to restore a damaged structure, the applicant must submit a complete application on a form provided by the Director in addition to any other material, reports, dimensioned plans, or other information required to take action on the application. Each application shall also include:
a. 
Two estimates of the cost of repair or reconstruction from properly licensed contractors. The estimates must contain sufficient detail to ascertain the scope of the proposed work and include the contractor's profit, overhead and insurance cost.
b. 
For structures that have been posted with either a no entry notice (Red-tagged) or limited entry notice (Yellow-tagged), a written structural analysis of the structure prepared by a licensed engineer in accordance with the standards provided by the Building and Safety Division.
c. 
Two sources of documentation of the pre-destruction condition of the property or structure sufficient to enable the City to determine whether the project involves in-kind repair or reconstruction. Documentation may include:
i. 
Approved building permits;
ii. 
Approved construction drawings;
iii. 
Surveys from licensed surveyors;
iv. 
County assessor information;
v. 
Certified property appraisals;
vi. 
Sanborn maps;
vii. 
Reports or drawings prepared by an insurance company to support damage claims;
viii. 
Photographs;
ix. 
City planning records; or
x. 
Any other verifiable information.
2. 
Review Process. Each application to restore a damaged structure shall require plan check approval as the final review prior to issuance of the applicable permit. In addition, the following procedures shall apply:
a. 
Where the cost of repair is less than 50 percent of the replacement value of the structure, or where less than 50 percent of the exterior walls are removed to the foundation (regardless of cost of repair), the following review or reviews will be required:
i. 
If there is not a significant design change from the original design, Administrative Approval and plan check is required.
ii. 
If there is a significant design change, Architectural Review Board review is required. Single-Unit homes are not subject to Architectural Review Board pursuant to this subsection.
b. 
Where the cost of repair equals or exceeds 50 percent of the replacement value of the structure, and 50 percent or more of the exterior walls are removed to the foundation, but the development on the parcel is below the development review threshold for the district in which it is located, Administrative Approval and Architectural Review Board approval shall be required.
c. 
Where the cost of repair equals or exceeds 50 percent of the replacement value of the structure, and 50 percent or more of the exterior walls are removed to the foundation, and the development on the parcel is above the development review threshold for the District in which it is located, a Development Review Permit is required prior to plan check. Architectural Review Board approval shall also be required.
d. 
Notwithstanding the above, any restoration of a damaged structure that is a City-Designated Historic Resource shall be subject to the review of the Landmarks Commission.
3. 
Standards for Review. The following standards shall govern the review of an application for damaged structure restoration:
a. 
Administrative Review. Administrative approval shall be granted if the project plans reflect in-kind repair or reconstruction.
b. 
ARB/Landmarks Review. The Architectural Review Board, or for City-Designated Historic Resources the Landmarks Commission, or Planning Commission/City Council on appeal, shall grant approval if both of the following findings can be made:
i. 
The structure's architectural design is substantially similar to the pre-damage design; or, if a significant design change is involved, the structure's architectural design is compatible with the general area in which it is located.
ii. 
If the structure is a City-Designated Historic Resource and being repaired, the repair will meet the Secretary of the Interior's Standards and will not compromise the architectural or historical integrity of the structure or potential district; or, if being reconstructed, the reconstruction is required, based upon an estimate from a professional experienced in rehabilitation of historic structures, demonstrating it is not economically feasible to repair the structure. The Landmarks Commission may request 2 alternative evaluations and detailed estimates to support the determination of economic infeasibility.
c. 
Development Review Permit. The Planning Commission, or City Council on appeal, shall grant approval if all of the following findings can be made:
i. 
The structure's architectural design is substantially similar to the pre-damage design; or, if a significant design change is involved, the structure's architectural design is compatible with the general area in which it is located;
ii. 
The plan for the proposed building or structure is expressive of good design and in general contributes to the image of Santa Monica as a place of beauty, creativity and individuality;
iii. 
The proposed building or structure is not of inferior quality such as to cause the nature of the local neighborhood or environment to materially depreciate in appearance and value; and
iv. 
If the structure is a Historic Resource, the repair will meet the Secretary of the Interior's Standards and will not compromise the architectural or historical integrity of the structure or potential district; or, if reconstruction is involved, based upon an estimate from a professional experienced in rehabilitation of historic structures, it is not economically feasible to repair the structure.
d. 
Any reconstruction, repair, or restoration undertaken pursuant to this Section shall conform to all applicable Technical Code requirements, and a building permit must be obtained within 2 years, or 3 years if a Development Review Permit is required, after the date of the damage or destruction. The Director may approve an extension if the owner has applied for and diligently pursued approval of the building permit.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A legal, nonconforming use may be maintained subject to the following provisions:
A. 
Change of Ownership. A change of ownership, tenancy, or management of a nonconforming use shall not affect its status as a legal, nonconforming use.
B. 
Abandonment. If a nonconforming use of a building, structure, or parcel ceases for a continuous period of one year or more, the use shall be considered abandoned, and the building, structure, or parcel shall thereafter be used only in accordance with the regulations for the District in which it is located except as provided below. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned. Notwithstanding the above, no nonconforming residential use shall be considered abandoned regardless of the length of time of non-use unless the Director determines the building is dangerous, unsafe, a health and safety hazard, and/or uninhabitable, and these conditions cannot be remedied.
1. 
The one-year period to determine that a nonconforming use has been abandoned shall commence when the use ceases and any one of the following occurs:
a. 
The business license lapses;
b. 
The site is vacated;
c. 
The lease is terminated;
d. 
Utilities are terminated; or
e. 
A conforming use that meets the applicable requirements of this Chapter is lawfully established in the space previously occupied by the nonconforming use.
2. 
Once the one-year period has commenced under subsection B.1 that period shall only be terminated if the nonconforming use is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming use is open for business to the public and provides services typically associated with the nonconforming use during the hours and days that are customary for that nonconforming use.
3. 
Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection B.1 shall relate back and commence with the cessation of use.
4. 
Except as provided in subsection B.5, no nonconforming use may be resumed, reestablished, or reopened once it has been determined to have been abandoned for 1 year.
5. 
If the nonconforming use of a building, structure, or parcel occurred in a City-designated Historic Resource, the nonconforming use may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than 1 year and other uses have occurred since that abandonment if a Conditional Use Permit is obtained based on the following findings:
a. 
The City-designated Historic Resource was not in residential use as of December 16, 2014;
b. 
The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located;
c. 
The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain;
d. 
The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood;
e. 
The subject parcel is physically suitable for the type of land use being proposed; and
f. 
The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare.
6. 
Notwithstanding the foregoing, or anything to the contrary in this Chapter, the following legal, nonconforming uses may be resumed, reestablished, or reopened, even if that nonconforming use has been abandoned for more than one year, unless a conforming use that meets the applicable requirements of the Zoning Ordinance has been lawfully established in the space previously occupied by the nonconforming use:
a. 
In areas excluding the Third Street Promenade Area:
i. 
Restaurant, full service,
ii. 
Restaurant, limited service and take-out,
iii. 
Food hall,
iv. 
General retail sales, small scale,
v. 
General retail sales, medium scale, and
vi. 
Bar/nightclub located in the Neighborhood Commercial (NC) district on Main Street;
b. 
In the Third Street Promenade Area:
i. 
Bar/nightclub,
ii. 
Restaurant, full service,
iii. 
Restaurant, limited service and take-out,
iv. 
Food hall,
v. 
General retail sales, small scale, and
vi. 
General retail sales, medium scale.
7. 
Pursuant to subsection H below, following the relocation of an existing nonconforming pawn shop within the Downtown, any subsequent use of the abandoned building or tenant space shall be of a conforming use only in accordance with the land use regulations for the district in which it is located, and its nonconforming use rights as a pawn shop at such abandoned location shall be terminated.
C. 
Conversion to Conforming Use. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed except as authorized by subsection B.5.
D. 
Expansion of Nonconforming Use. A nonconforming use of a building or portion of a building that conforms to the development standards of this Chapter shall neither be expanded into any other portion of the building nor changed except to a conforming use. The nonconforming use of land shall not be expanded or extended in area, except that outdoor dining areas and other outdoor spaces permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall not be considered an expansion in area for the purposes of this subsection.
E. 
Intensification of Uses. A nonconforming use shall not be permitted to substantially change in mode or character of operation. A substantial change in mode or character of operation shall include, but is not limited to, addition of uses, a change in operational hours that extends past 11:00 p.m. any night Sunday through Thursday and/or midnight on Friday and/or Saturday or begins before 7:00 a.m., a 5% increase in the floor area of the premises, or a 5% increase in the number of seats in any restaurant, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.
F. 
Continuation/Reinstatement. The uses existing in a structure that have been restored pursuant to Section 9.27.040 may be continued/reinstated in the reconstructed/replacement structure so long as no continued/reinstated nonconforming uses are expanded, changed or substituted.
G. 
Legal, Nonconforming Rent-Controlled Multiple-Unit Properties. Notwithstanding subsection D, existing multi-unit residential units in the R1 Single-Unit Residential District that are presently controlled by Article XVIII of the City Charter may be expanded in area provided such expansion complies with all other applicable Code provisions, including those governing height, number of stories, setbacks, stepbacks, floor area ratio, and off-street parking (unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible), and the number of housing units on the multi-unit residential property does not increase.
H. 
Relocation of Nonconforming Pawn Shops within the Downtown Area. Existing legal nonconforming pawn shop establishments located in the Downtown as of February 24, 2026 may relocate anywhere in the Downtown districts, except within the Ocean Transition (OT) District, and shall retain its legal non-conforming use status in its new location. Following relocation, any subsequent use of the abandoned building or tenant space shall be of a conforming use only in accordance with the land use regulations for the district in which it is located, and its nonconforming use rights as a pawn shop at such abandoned location shall be terminated, pursuant to subsection B.7 above.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 22, adopted June 14, 2016; Ord. No. 2726CCS § 10, adopted October 25, 2022; Ord. No. 2741CCS § 4, adopted April 11, 2023; Ord. No. 2814CCS, 5/27/2025; Ord. No. 2850CCS, March 10, 2026)
Nothing contained in this Chapter shall be construed or implied so as to require the removal of governmental or public utility buildings, structures, equipment, or facilities provided that there is not a change of use nor enlargement of the land area devoted to the use.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
When any nonconforming building or use is required to be eliminated pursuant to the provisions of this Chapter, no building permit or Certificate of Occupancy shall thereafter be issued for further continuance, alteration, or expansion of the nonconforming building or use. The issuance of the permit or Certificate in error shall not be construed to allow the continuation of the nonconforming building or use.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Nothing contained in this Chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming buildings and uses. These uses shall be removed immediately upon notification by the Director.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
A rental unit registered with the Santa Monica Rent Control Board, which was built or created without City planning or building permits shall not be required to meet the setback and density requirements of this Ordinance if the unit is or can be made habitable as determined by the Director.
B. 
A rental unit exempt from setback and density requirements pursuant to subsection (A) of this Section shall be required to provide parking for the unit pursuant to Chapter 9.28, Parking, Loading, and Circulation, unless the Director determines that the provision of parking is not feasible. Parking which would result in a significant reduction in setback space is not feasible. The location of any feasible parking shall comply with the Chapter 9.28, Parking, Loading, and Circulation, except the Director may authorize a reduction in parking space dimensions so long as the space remains accessible and safe.
C. 
A rental unit that meets the requirements of this Section shall be considered a legal, nonconforming unit.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
No person shall occupy any nonconforming building and no person shall continue any nonconforming use except as provided for in this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
Except as provided in Section 9.31.070(D), parking lots on parcels in Residential Districts shall be permitted to remain provided:
1. 
The commercial parcel supported by the residential parking lot is not redeveloped for another use;
2. 
The lot remains as a surface level parking lot;
3. 
The use or uses existing on the commercial parcel supported by the residential parking lot do not change. For purposes of this requirement, a change of use shall be defined as any new use which requires more intense parking standards than exists on the effective date of the ordinance codified in this Chapter;
4. 
The square footage of the existing commercial building on the commercial parcel is not added to or enlarged beyond 50% of the floor area existing on the effective date of this Chapter; and
5. 
The required parking for any new addition or expansion under 50% is not located on the residentially zoned parking lot. A parking lot on a residentially zoned parcel shall revert to residential use when one or more of the above conditions are not met.
B. 
Parking lots in Residential Districts with A Off-Street Parking Overlays are regulated by Chapter 9.16, A Off-Street Parking Overlay District.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)